Professional Documents
Culture Documents
Disciplinary Process
1. Reproval reprimand, censure
2. Suspension cant practice for finite period (name on letterhead still)
3. Disbarred cant practice ever again (name off letterhead)
Lawyers cannot:
o Violate RPC
o Commit criminal acts that reflect on honesty, fitness as lawyer
o Imply ability to influence govt agency
o Dishonest, fraudulent or deceitful activity, or conduct that prejudices justice
o Knowingly assist judge to do so
DUTY TO MAINTAIN INTEGRITY OF PROFESSION
Must
o
o
o
Must
o
o
o
Must
o
o
o
o
o
Offer false evidence (Lawyer can refuse to offer evidence that he reasonably believes is
false)
In exparte proceeding, lawyers must reveal material facts known, even if adverse to your
client
Duties continue until the close of the proceedings (if appeals over & client admits he lied, can
do nothing)
o
o
o
o
o
o
o
Parties cannot contact opposing party represented by counsel unless get permission
Witnesses
o No contingent fees for witnesses
o Can pay reasonable expenses and lost wages, travel
o Do not need permission of other side to talk to witnesses
Except corporate employees whose acts could be imputed to corporation
o Can advise not to testify if
Person related or an agent of a party
Persons interests would not be harmed
Courtroom conduct no personal opinions, ever
Trial publicity no statement to materially prejudice case
Fairness to Non-Clients
o Truthfulness
o Unrepresented
o In representation, cant use means with no purpose other than to embarrass, delay or
burden 3rd person
Fairness to Adversary
o No exparte communications with judge
o Cant unlawfully obstruct other partys access to evidence
o Cant falsify evidence or advise someone else to